In this title, unless the context otherwise requires:
"Borough clerk"
means the borough clerk of the borough, any properly authorized assistant or designee.
"Borough election"
means any municipal election:
1. 
To fill a borough office;
2. 
Upon a proposition submitted to the voters under the ordinances of the borough; or
3. 
That the borough clerk is required by law to administer.
"Borough office"
means an elective office under the ordinances of the borough.
"Day"
means a calendar day, including Saturday, Sunday and holidays.
"Election"
includes a regular or special borough election.
"Election official"
means the borough clerk or designee, election judges, election clerks and canvassing board.
"Lot"
means a flip of a coin.
"Notice/posting"
means posted according to DBC § 1.05.020.
"Oath"
includes affirmation on penalty of perjury.
"Precinct"
means the territory established by the state, within which resident voters may cast votes at one polling place.
"Proposition"
includes question.
"Qualified voter"
means any person who has the qualifications required by this chapter and is not disqualified under Article V of the Alaska State Constitution.
"Questioned voter"
means a voter whose name does not appear on the register in the precinct where they attempt to vote, a voter who does not bear identification or is not personally known to an election official though their name appears on the precinct register, or a voter who is questioned for good cause at the polls in writing.
"Registration" or "registered"
refers to the form of registration by the state election code. For borough elections, a person is registered if registered to vote in state elections in the precinct in which that person seeks to vote 30 days prior to the borough election and has also been a resident for at least 30 days immediately preceding the election.
"Regular election"
means a general election to fill borough offices as required by Alaska statutes.
"Signature"
includes any mark intended as a signature or subscription.
"Special election"
means any election held at any other time other than when a regular election is held.
"Swear"
includes affirm.
"Total votes cast"
means the total number of votes cast in each seat for candidates whose names are printed on the ballot plus votes properly cast for the same seat in the write-in position(s) of the ballot. Ballots counted as blank votes or as over votes in a particular race shall not be added into the total votes in determining the percentage of votes cast.
"Voter"
means any person who presents themselves for the purpose of registering to vote or voting, either in person or by absentee application or ballot.
(Ord. 07-13 § 2; Ord. 18-17 § 2)
The borough clerk is the supervisor of elections and shall prepare and maintain election materials and records. The clerk shall begin preparations for a regular election at least 90 days before the date of the election and for a special election, as expeditiously as possible. The clerk is responsible for contacting the state of Alaska, Division of Elections and making certain the municipality has on hand, before any election, the most current official voter registration list. The borough clerk shall act as clerk to the election board.
(Code 1989 § 66-1; Ord. 91-11 §§ 2, 14; Ord. 07-13 § 2; Ord. 18-17 § 2)
A person shall be qualified to vote in municipal elections who:
A. 
Is a United States citizen who is qualified to vote in state elections under AS 15.05.010;
B. 
Has been a resident of the borough for 30 days immediately preceding the election;
C. 
Is registered to vote in state elections at a residence address within the Denali Borough at least 30 days before the election; and
D. 
Is not disqualified under Article V of the Constitution of the State of Alaska which provides that:
No person may vote who has been convicted of a felony involving moral turpitude unless their civil rights have been restored. No person may vote who has been judicially determined to be of unsound mind unless the disability has been removed.
(Code 1989 § 66-2; Ord. 07-13 § 2; Ord. 18-17 § 2)
When determining residence for the purpose of qualifying voters, the following criteria will apply:
A. 
No person may be considered to have gained a residence solely by reason of their presence nor may they lose it solely by reason of their absence while in the civil or military service of the state or of the United States; or of their absence because of marriage to a person engaged in the civil or military service of the state or the United States; while a student at an institution of learning; while in an institution of learning; while in an institution or asylum at public expense; while confined in public prison; while engaged in the navigation of waters of the state, of the United States, or of the high seas; while residing upon an Indian, Native Alaskan, or military reservation; or while residing in the Alaska Pioneers' Home.
B. 
The residence of a person is that place in which their habitation is fixed, and to which, whenever they are absent, they have the intention to return. If a person resides in one place, but does business in another, the former is their place of residence. Temporary construction camps do not constitute a dwelling place.
C. 
A change of residence is made only by the act of moving joined with the intent to remain in another place. There can only be one residence.
D. 
A person does not lose their residence if they leave their home and go to another country, state or place in Alaska for temporary purposes only and with the intent of returning.
E. 
A person does not gain residency by coming to the municipality without the present intention to establish their permanent dwelling in the municipality.
F. 
A person loses their residency in the municipality if they vote in an election of another municipality or state, either in person or by absentee ballot, and will not be eligible to vote in this municipality's elections until they again qualify under this chapter.
G. 
The term of residence is computed by including the day on which the person's residence begins and excluding the day of election.
H. 
The address of a voter as it appears on their official state voter registration card is presumptive evidence of the person's voting residence. If the person has changed their voting residence, this presumption is negated only by the voter executing an affidavit on a form prepared by the supervisor of elections setting out their new voting residence.
(Code 1989 § 66-3; Ord. 07-13 § 2; Ord. 18-17 § 2)
The regular election for assembly members and other elected municipal officials shall be held each year on the first Tuesday after the first Monday in November or any other date to coincide with the state election. Questions or propositions may be placed on the ballot at this time. Notice of the election must be posted according to DBC § 1.05.020 for 30 days preceding the date of election.
(Code 1989 § 66-4; Ord. 91-11 § 14; Ord. 07-13 § 2; Ord. 18-17 § 2)
A. 
If a petition submitted by voters for an initiative, referendum, or recall election is certified sufficient by the borough clerk and submitted to the borough assembly, the assembly shall resolve that a special election be held on the question within 75 days but not sooner than 45 days following submission of the petition to the assembly.
B. 
If a special election is required by an act of the borough assembly, the borough assembly shall resolve that a special election on the question proposed by the assembly's ordinance or resolution be held within 75 days but not sooner than 45 days following the assembly's action.
C. 
If the regular election held each year occurs within 75 days but not sooner than 45 days of the date of submission to the assembly of a petition by voters for an initiative, referendum, or recall election, or if the regular election occurs within 75 days but not sooner than 45 days of assembly action which requires an election, then no special election may be scheduled and the question or proposition shall be placed on the regular election ballot.
D. 
Notice of a special election must be posted according to DBC § 1.05.020 for 30 days preceding the date of election.
(Code 1989 § 66-5; Ord. 91-11 § 14; Ord. 92-11 § 2; Ord. 07-13 § 2; Ord. 18-17 § 2)
A. 
Election notices shall be prepared and posted according to DBC § 1.05.020 by the borough clerk for 90 days preceding the date of a regular election, and shall contain the following:
1. 
Date of the regular election;
2. 
Offices to be filled; and
3. 
Time for filing declarations of candidacy and nominating petitions.
B. 
Election notices shall be prepared and posted according to DBC § 1.05.020 by the borough clerk for 30 days preceding the date of the regular election or special election, and shall contain the following, as is appropriate:
1. 
Whether the election is regular or special;
2. 
Date of the election;
3. 
Location of the municipal polling place(s);
4. 
Time the polling place(s) will open and close;
5. 
Offices to be filled;
6. 
A statement describing voter qualifications;
7. 
A list of candidates; and
8. 
A statement of any questions or propositions to be placed on the ballot.
C. 
Statements explaining ballot questions or propositions shall be offered in an unbiased fashion and presented to the assembly prior to posting and circulation unless supported otherwise by the adoption of a Denali Borough assembly ordinance.
(Code 1989 § 66-6; Ord. 91-11 §§ 3, 14; Ord. 07-13 § 2; Ord. 09-11 § 2; Ord. 18-17 § 2)
The candidate receiving the greatest number of votes for office shall be declared the winner of the election for that office.
(Code 1989 § 66-7; Ord. 91-11 § 4; Ord. 07-13 § 2; Ord. 18-17 § 2)
In the event of a tie vote, and after a recount of ballots that confirms the tie vote, the assembly shall, in its first meeting after the election, call in the candidates receiving the tie votes and have the candidates draw straws or flip a coin to determine the winner. If one or more of the tied candidates does not appear before the assembly, the presiding officer shall direct the clerk or other noninterested person to draw straws or flip a coin to determine the winner.
(Code 1989 § 66-9; Ord. 91-11 § 5; Ord. 07-13 § 2; Ord. 18-17 § 2)
A person filing for election to an assembly seat must be:
A. 
A United States citizen who is qualified to vote in state elections;
B. 
A resident of the district to which the member's seat is assigned at the time of the member's election or appointment;
C. 
Registered to vote in state elections;
D. 
A qualified voter of the Denali Borough, who has been a resident of the Denali Borough for at least one year immediately preceding their election or appointment to office;
E. 
Not disqualified under Article V of the Constitution of the State of Alaska which provides that:
No person may vote who has been convicted of a felony involving moral turpitude unless their civil rights have been restored. No person may vote who has been judicially determined to be of unsound mind unless the disability has been removed.
F. 
No assembly member may hold any other compensated Denali Borough office or employment, or elected partisan political office, while serving on the assembly, unless otherwise provided by an ordinance ratified by the voters of the Denali Borough;
G. 
An assembly member who ceases to be a resident of the district to which the member's seat is assigned immediately forfeits their office.
(Code 1989 § 66-10; Ord. 07-13 § 2; Ord. 18-17 § 2)
A. 
Nominations for elective offices shall be made by petition on a form obtained from the borough clerk. Each voter signing the petition shall state on the petition their place of residence, by street and number, or lot and block, or other sufficient means. No nominating petition may be accepted unless accompanied by a signed acceptance of the nomination by the candidate on a form containing substantially the following information:
ACCEPTANCE OF NOMINATION
I hereby accept the above nomination and certify that I am qualified to serve under the laws of the State of Alaska and the Charter of the Denali Borough and agree to serve if elected.
DATE: ________ SIGNATURE:
Date and hour of filing:
This petition is filed by:
whose address is:
Received by:
B. 
Nominating petitions shall be filed with the borough clerk no sooner than 90 days prior to the election and no later than September 15th. The borough clerk shall record on the petition itself and preserve the name and address of the person by whom each nominating petition is filed. All petitions in proper form with sufficient signatures, and all deficient petitions which are not withdrawn by the person filing them, shall be preserved by the borough clerk.
C. 
Within four business days after the filing of a nominating petition, the borough clerk shall notify the candidate named in the petition and the person who filed the petition whether or not it is in proper form and signed by 10 qualified voters. If not, the borough clerk shall immediately return it, with a statement certifying therein how the petition is deficient, to the person who filed it. A new petition for the same candidate may be filed within the time for filing petitions.
D. 
A person filing for a municipal assembly seat must meet the qualifications of DBC § 8.05.090.
(Code 1989 § 66-11; Ord. 07-13 § 2; Ord. 18-17 § 2)
Any candidate who has complied with the provisions of this chapter may withdraw their candidacy no later than the last day for filing nominating petitions by filing a written notice of withdrawal with the borough clerk.
(Code 1989 § 66-12; Ord. 07-13 § 2; Ord. 18-17 § 2)
A. 
No candidate's nomination petition or filing fees for an elected municipal office may be accepted by the clerk unless the candidate has also filed a report of financial and business interest as required by Chapter 1.30 DBC. In the event such petition or filing fee has been accepted without such statement, the clerk shall return such items to the candidate.
B. 
A write-in candidate who wins election shall execute a report of financial and business interest as required by Chapter 1.30 DBC prior to taking the oath of office.
C. 
A person who has on file with the borough clerk a report of financial and business interest as required by Chapter 1.30 DBC for the current year shall not be required to file such a statement required under subsection A or B of this section. Candidates are required to comply with AS 15.13.010 through 15.13.130 as regards election spending.
(Code 1989 § 66-13; Ord. 07-13 § 2; Ord. 08-24 § 2; Ord. 18-17 § 2)
The borough clerk shall cause to be posted according to DBC § 1.05.020 for 30 days preceding the date of election, the names of all candidates who have declared and been nominated and designating the office for which such persons have declared and been nominated.
(Code 1989 § 66-14; Ord. 07-13 § 2; Ord. 18-17 § 2)
A. 
The assembly shall each year appoint at least three municipal voters as judges to be the election board in each precinct and select one of the judges to chair the board. The assembly may appoint two election clerks for each precinct. Where practicable, each judge or clerk must be a resident of the precinct for which they are appointed. The judges shall not be assembly members or candidates for office. If an appointed judge fails to appear and subscribe to the oath on election day, or becomes incapacitated during the time of the election or the counting of the ballots, the remaining judges shall appoint a qualified voter to fill the vacancy.
B. 
The borough clerk shall give the following written oath to all election judges on or before election day:
I, _____________, do solemnly swear that I will honestly, faithfully and promptly perform the duties of election judge to the best of my ability and that I am familiar with the borough's election ordinances.
SIGNED:
ATTEST:
Borough Clerk
C. 
Pay of election judges shall be determined by the assembly.
D. 
The borough clerk may, at the request of the judges and if necessary to conduct an orderly election or to relieve the judges of undue hardship, appoint up to three election clerks to assist the judges. Persons appointed as election clerks must be qualified to serve as judges.
(Code 1989 § 66-15; Ord. 07-13 § 2; Ord. 18-17 § 2)
The borough clerk or election board chair may appoint one or more youths meeting the requirements of this section to serve as assistants to the election board.
To be considered for appointment, a youth election board assistant shall:
A. 
Be a student age 16 or older;
B. 
Be enrolled in a public or private high school program in the state, or being educated in the student's home by a parent or legal guardian in the state under AS 14.30.010(b)(12); and
C. 
Successfully complete training prescribed by the borough clerk.
A youth election board assistant appointed under this section shall be supervised by the borough clerk or the election board chair.
A youth appointed as an election board assistant may be compensated for service.
(Ord. 18-17 § 2)